Lowe's appeals Cape Cod Commission's rejection

Lowe's has asked the land court in Boston to annul the Cape Cod Commission's recent denial of its proposed Home Improvement Center off Theophilus Smith Road in Dennis, and to “compel” the regional panel to allow Dennis boards to move forward with their project review.

SOUTH DENNIS – Lowe's has asked the land court in Boston to annul the Cape Cod Commission's recent denial of its proposed Home Improvement Center off Theophilus Smith Road, and to “compel” the regional panel to allow Dennis boards to move forward with their project review.

The denial in January – a decision made after several months of hearings – is essentially all that stands between the giant retailer and its plan for a 106,000-square-foot retail store and garden center.

Permitting from the town would be minimal, Dennis Town Planner Daniel Fortier said.

“The project would be by right, under the zoning,” he said. “The Planning Board could approve it or approve with conditions, but it could not deny it.”

One outspoken opponent wasn't surprised by the giant retailer's attempt to overturn the commission's decision, but he appeared confident the denial would stand.

“They certainly have the right to appeal,” said Ken Foster, president of the Old South Dennis Village Association and member of the No to Lowe's group. “Our opinion is the Cape Cod Commission made its decision. To overturn that decision, I think, would take quite a formidable process. We'll be all eyes and ears.”

Paul Covell, the Dennis Board of Health chairman and a project supporter, said he's heard a lot of talk in town since the commission's decision, “and the overwhelming majority supports this and says the town of Dennis wasn't served well by the commission.”

Because the store project would affect the entire region, it required approval from the Cape Cod Commission prior to proceeding to local review.

A commission subcommittee gathered testimony from Lowe's experts and from the public during several hearings. Supporters and opponents turned out in large numbers to argue their respective positions.

During its final discussion, the subcommittee cited tax revenue, competitive pricing, the store's location in an economic development district and additional parking for the Cape Cod Rail Trail as benefits.

On the list of detriments were low wages with a high percentage of part-time jobs, increased traffic on Route 134 and neighboring roads, traffic delays and the project's inconsistency with small town character. While the subcommittee conceded the project met most standards laid out in the Cape Cod Commission Act, members concluded it did not meet the requirement that it would provide more benefits than detriments to the region.

The commission followed the subcommittee's recommendation, voting 8-6 in early January to deny the store proposal.

The Cape Cod Commission is no stranger to the courts. “On the large and more complicated projects, it's not uncommon for appeals to be filed,” said spokesman David Still. “We have had our fair share.”

Lowe's officials offered no comment on the appeal, which was submitted to the land court Wednesday, the day before the 30-day period for challenging the commission's decision ended.